A statistical plan developed under Section 2053.101 must require the following payments to be reported separately and not to be considered as a loss or expense for purposes of computing a premium rate modifier or surcharge of an insured:

1. (1) a direct payment made by an insurance company to influence public policy; and

2. (2) any amount paid by an insurance company:

   1. (A) as damages in an action against the insurance company for malice or bad faith; or
   2. (B) as a fine or penalty.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.